Complaint under 101 mcs act for recovery of dues

arunkumark (Querist) 14 April 2014 This query is : Resolved
A complaint filed by housing Society against a member under 101 mcs act for recovery of dues is pending with the Asst registrar since sept 2013.the respondent member in his reply has accepted that his dues are not paid for last 7 to 8 years because agm notice was not served, Audit report not recd and the account of other members not shown likely several flimsy issues.
Society has also attached the g.r copy 374/14 of 2002 directing all the cooperative registrar to not to entertain the defaulter members complaint unless all the dues are not cleared by him.the society is pressing the Asst registrar to follow the gr issued by Governer of maharashtra.But the registrar is asking various documents from society to submit which are not concerned with the 101 complaint.the related documents like accounts statement of defaulter member.copy of demand notice etc is already submitted along with the complaint.The asst registrar is saying that gr of 2002 is very old and we are not following it. The society says since mcs act is made in 1960 you should not follow that also.Asst. registrar is hesitating to give recovery certificate.Since it is a quasi judicial process the society has not appointed a lawyer. My query to all experts that how to proceed in such case and where to complain about Ast registrar's
abnormal working and delaying the matter.

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ajay sethi (Expert) 14 April 2014
you wont get recovery certificate for more than 3 years . you cant claim 8 years dues in recovery proceedings under section 101 of MCS Act . furnish documents sought by Asst Registrar .

Asst Registrar would be bound by GR of 2002 wherein defaulters are required to deposit arrears of maintenance amounts .